Karnataka High Court
Vasantha R S vs Assistant Commissioner on 11 January, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:1501
WP No. 27406 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 27406 OF 2023 (LR)
BETWEEN:
1. VASANTHA R. S.,
W/O SURESH,
AGED ABOUT 36 YEARS,
RESIDENT OF VIDYUTH NAGAR,
AKSHAYA MANE, KASABA HOBLI,
HASSAN TALUK AND DISTRICT - 573201.
...PETITIONER
(BY SRI PAVAN T. G., ADVOCATE)
AND:
1. ASSISTANT COMMISSIONER
HASSAN SUB DIVISION,
HASSAN - 573201.
Digitally signed by
DHARMALINGAM 2. THE TAHASILDAR,
Location: HIGH HASSAN TALUK,
COURT OF HASSAN - 573201.
KARNATAKA
...RESPONDENTS
(BY SRI.C.N. MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 31.07.2017 PASSED BY
THE FIRST RESPONDENT IN LRF79(a) AND (b) 59/15-16 AT
ANNEXURE-E AND ETC.
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WP No. 27406 of 2023
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes
notice for all the respondents.
2. The petitioner is aggrieved by the order dated
31.07.2017 passed by the Assistant Commissioner,
Hassan Sub-Division, Hassan under the provisions of
Section 83 for violation of the provisions in Sections 79-A
and 79-B of the Karnataka Land Reforms Act, 1961.
3. Learned Counsel for the petitioner submits that
this is a case where the impugned order of forfeiture has
been passed by the Assistant Commissioner without notice
to the petitioner. It is further submitted that under similar
circumstances, a co-ordinate Bench of this Court in
W.P.No.7821/2021 has passed an order dated 16.08.2021
remanding the matter back to the Assistant Commissioner
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for fresh consideration after affording an opportunity of
hearing to the aggrieved person.
4. Learned Additional Government Advocate points
out from the impugned order that notice was indeed
issued to the petitioner and in spite of notice having been
issued, the petitioner did not appear before the Assistant
Commissioner.
5. It is the contention of the learned Additional
Government Advocate that even as per the materials
available on record, after forfeiture, the excess lands have
been granted by the State Government to third parties.
The Assistant Commissioner is therefore required to
ascertain, whether the forfeited lands still remain with the
State Government or has been granted to third parties. If
the lands have been granted to third party, then sub-
section(1) of Section 12 of the amending Act will apply to
say that the proceedings have reached finality. Or
otherwise, sub-section (2) of Section 12 of the Amending
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Act will apply and all further proceedings shall be declared
as abated by the Assistant Commissioner.
6. Having considered the submission of the
learned Counsels and on perusing the judgment of the
co-ordinate Bench in W.P.No.7821/2021, this Court finds
that facts and circumstances in both these matters are
quite similar and therefore, the benefit of the decision of
the co-ordinate Bench should also enure to the petitioner
herein.
7. Consequently, the writ petition is allowed. The
impugned order dated 31.07.2017 passed in case
No.LRF79(a)&(b) 59/15-16 is hereby quashed and set
aside. The matter is remitted back to the respondent-
Assistant Commissioner to consider the case of the
petitioner including the consequences of the subsequent
amendment brought to the provisions of Sections 79-A
and 78-B of the Karnataka Land Reforms Act in Karnataka
Amendment No.56 of 2020.
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8. The petitioner shall appear before the
respondent-Assistant Commissioner on 07th February
2024, without waiting for further notice from the Assistant
Commissioner.
Ordered accordingly.
Learned Additional Government Advocate is
permitted to file Memo of Appearance within a period of
four weeks from today.
Sd/-
JUDGE
VBS
